2006-SJ-05-24-050.htm

No. 50

STATE OF MICHIGAN

Journal of the Senate

93rd Legislature

REGULAR SESSION OF 2006

Senate Chamber, Lansing, Wednesday, May 24, 2006.

10:00a.m.

The Senate was called to order by the President, Lieutenant Governor John D. Cherry, Jr.

The roll was called by the Secretary of the Senate, who announced that a quorum was not present.

Allen--present Garcia--present Patterson--present

Barcia--present George--present Prusi--present

Basham--present Gilbert--present Sanborn--present

Birkholz--present Goschka--present Schauer--present

Bishop--present Hammerstrom--present Scott--present

Brater--present Hardiman--present Sikkema--present

Brown--present Jacobs--present Stamas--present

Cassis--present Jelinek--present Switalski--present

Cherry--present Johnson--present Thomas--present

Clark-Coleman--present Kuipers--present Toy--present

Clarke--present Leland--present Van Woerkom--present

Cropsey--present McManus--present Whitmer--present

Emerson--present Olshove--present

Minister Urundi Ron Knox of Ebenezer Ministries of Burton offered the following invocation:

Father, we begin this day rejoicing. We thank You for Your goodness, Your mercy, and Your grace toward us as individuals and as a state. We lift up this day with its activities, its relationships, its decisions, and its creativity. We offer it all up to You.

We ask that Your work be done in us individually and as a nation. We ask for protection over this property, the staff members, every telephone contact, every person who enters these doors, and the entire network including all those for whom we pray.

This we ask. Amen.

The President, Lieutenant Governor Cherry, led the members of the Senate in recital of the Pledge of Allegiance.

Recess

Senator Schauer moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 10:04a.m.

11:03a.m.

The Senate was called to order by the President, Lieutenant Governor Cherry.

During the recess, Senators Gilbert, Leland, Barcia, Brown, Allen, Stamas, Thomas, Patterson, Bishop, Birkholz, Sikkema, Jelinek, Van Woerkom, Cropsey, Johnson, Hammerstrom, Kuipers, Cassis, George, Toy, Garcia and Hardiman entered the Senate Chamber.

A quorum of the Senate was present.

Motions and Communications

Senator Hammerstrom moved that consideration of the following bill be postponed for today:

Senate Bill No.246

The motion prevailed.

Senator Hammerstrom moved that the Committee on Government Operations be discharged from further consideration of the following appointment:

State Treasurer

Mr.Robert J. Kleine of 1135 Farwood Drive, East Lansing, Michigan 48823, county of Ingham, succeeding Jay Rising, who has resigned, appointed for a term commencing April 9, 2006 and expiring at the pleasure of the Governor.

The motion prevailed, a majority of the members serving voting therefor, and the appointment was placed on the order of Messages from the Governor.

Senator Hammerstrom moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today:

Senate Bill No.1080

Senate Bill No.1087

Senate Bill No.1089

Senate Bill No.1090

Senate Bill No.1091

Senate Bill No.1092

Senate Bill No.1093

Senate Bill No.1096

Senate Bill No.1097

The motion prevailed, a majority of the members serving voting therefor.

The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, May 23:

House Bill Nos. 5217 5529

Messages from the Governor

Senator Goschka entered the Senate Chamber.

Senator Hammerstrom moved that consideration of the following bills be postponed for today:

Senate Bill No.272

Senate Bill No.271

Senate Bill No.264

Senate Bill No.274

Senate Bill No.281

Senate Bill No.175

Senate Bill No.236

Senate Bill No.892

Senate Bill No.893

Senate Bill No.956

Senate Bill No.957

Senate Bill No.179

Senate Bill No.1026

Senate Bill No.1027

Senate Bill No.1028

Senate Bill No.372

Senate Bill No.973

Senate Bill No.974

Senate Bill No.975

Senate Bill No.976

The motion prevailed.

The following message from the Governor was received and read:

May 23, 2006

I respectfully submit to the Senate, pursuant to Section 6 Article 5 of the Michigan Constitution of 1963, the following reappointment to state office under Executive Order 2002-6, MCL 256.571:

Governor's Traffic Safety Advisory Commission

Mr.Steven M. Puuri of 6480 Zeeb Road, Dexter, Michigan 48130, county of Washtenaw, reappointed to represent local units of government, for a term commencing May 28, 2006 and expiring May 27, 2009.

Sincerely,

Jennifer M. Granholm

Governor

The appointment was referred to the Committee on Government Operations.

State Treasurer

Senator Hammerstrom moved that the Senate advise and consent to the appointment.

The question being on advising and consenting to the said appointment to office,

The Senate advised and consented to the appointment to office, a majority of the members serving voting therefor, as follows:

Roll Call No.394 Yeas--37

Allen Clarke Jacobs Schauer

Barcia Cropsey Jelinek Scott

Basham Emerson Johnson Sikkema

Birkholz Garcia Kuipers Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman Sanborn Whitmer

Clark-Coleman

Nays--0

Excused--0

Not Voting--1

Leland

In The Chair: President

Senators Emerson and Sikkema asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Emerson's statement is as follows:

I rise to echo the comments of the Majority Leader. I've known Bob Kleine for over 30 years now. Bob is a consummate professional. He is an economist of terrific repute here in this community and around the state. I don't think the Governor could have come up with a better choice. I think Bob did indicate his willingness to work with the Legislature to try and figure out solutions to revenue issues, especially in relation to the business tax. I think Bob does bring terrific personal credentials and professional credentials to the job.

I rise to support the Senate confirming Bob Kleine.

Senator Sikkema's statement is as follows:

Mr.President and members, I rise to urge your support of Mr.Kleine to be the new State Treasurer. This gentleman has spent, I think, over 40 years of his professional life dealing with the issues of taxes and finance. I think he is, by virtue of his qualifications, his experience, and his knowledge about the state tax code and the tax systems of other states, eminently qualified to serve this Governor well and the people of Michigan well as the new State Treasurer.

I think equally as important as his experience and knowledge is that he comes with a reputation of impeccable personable integrity. He's expressed the willingness to work with the Legislature on the issue of the business tax structure of this state, which everybody knows is one of the single most significant issues we face in the months and years ahead.

As I said to him yesterday, I congratulate both him and the Governor on his appointment. I also thank him for his willingness at this point in his career to take on this task. The road ahead on business taxes, I think, will be a rocky road, but I think he is a very capable person. He will be a tremendous asset to all of us as we travel that road together.

Senator Schauer moved that Senator Leland be temporarily excused from the balance of today's session.

The motion prevailed.

Messages from the House

Senator Hammerstrom moved that consideration of the following bill be postponed for today:

Senate Bill No.875

The motion prevailed.

Senate Bill No.242, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal years ending September 30, 2005 and September 30, 2006; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

(For Conference Report, see Senate Journal No.48, p. 1028.)

The House of Representatives has adopted the report of the Committee of Conference.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Third Reading of Bills

Senator Leland entered the Senate Chamber.

Senator Hammerstrom moved that the following bills be placed at the head of the Third Reading of Bills calendar:

Senate Bill No.499

Senate Bill No.1105

House Bill No.5192

House Bill No.5674

House Bill No.4977

The motion prevailed.

The following bill was read a third time:

Senate Bill No.499, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections73102 and 73105 (MCL 324.73102 and 324.73105), section 73102 as amended by 1998 PA 546 and section 73105 as added by 1995 PA 58.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No.395 Yeas--35

Allen Emerson Johnson Scott

Barcia Garcia Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brown Goschka Olshove Thomas

Cassis Hammerstrom Patterson Toy

Cherry Hardiman Prusi Van Woerkom

Clark-Coleman Jacobs Sanborn Whitmer

Cropsey Jelinek Schauer

Nays--2

Basham Brater

Excused--0

Not Voting--1

Clarke

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.1105, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections43502, 43505, 43506, 43517, 43520, and 43525 (MCL 324.43502, 324.43505, 324.43506, 324.43517, 324.43520, and 324.43525), sections 43502, 43505, 43506, and 43525 as amended by 1996 PA 585 and sections 43517 and 43520 as added by 1995 PA 57.

The question being on the passage of the bill,

Senator McManus offered the following amendment:

1. Amend page 4, line 8, after "LEAST" by striking out "21" and inserting "18".

The amendment was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No.396 Yeas--32

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Sikkema

Basham Garcia Kuipers Stamas

Birkholz George McManus Switalski

Bishop Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman Sanborn Whitmer

Nays--6

Brater Emerson Leland Scott

Clark-Coleman Jacobs

Excused--0

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No.5192, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections43502, 43505, 43517, 43520, 43523, 43525, 43525a, 43527, and 43553 (MCL 324.43502, 324.43505, 324.43517, 324.43520, 324.43523, 324.43525, 324.43525a, 324.43527, and 324.43553), sections 43502, 43505, 43523, 43525, and 43527 as amended by 1996 PA 585, sections 43517 and 43520 as added by 1995 PA 57, section 43525a as added by 1998 PA 291, and section 43553 as amended by 2004 PA 587.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No.397 Yeas--29

Allen Clarke Hardiman Schauer

Barcia Cropsey Jelinek Sikkema

Basham Garcia Kuipers Stamas

Birkholz George McManus Thomas

Bishop Gilbert Patterson Toy

Brown Goschka Prusi Van Woerkom

Cassis Hammerstrom Sanborn Whitmer

Cherry

Nays--9

Brater Jacobs Leland Scott

Clark-Coleman Johnson Olshove Switalski

Emerson

Excused--0

Not Voting--0

In The Chair: President

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

"An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,".

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No.5674, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section76702 (MCL 324.76702), as added by 1995 PA 58.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No.398 Yeas--38

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Emerson Kuipers Sikkema

Birkholz Garcia Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman Sanborn Whitmer

Clark-Coleman Jacobs

Nays--0

Excused--0

Not Voting--0

In The Chair: President

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No.4977, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act," by amending section 5l (MCL 28.425l), as amended by 2006 PA 92.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No.399 Yeas--38

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Emerson Kuipers Sikkema

Birkholz Garcia Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman Sanborn Whitmer

Clark-Coleman Jacobs

Nays--0

Excused--0

Not Voting--0

In The Chair: President

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the title of the bill.

By unanimous consent the Senate proceeded to the order of

General Orders

Senator Hammerstrom moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President, Lieutenant Governor Cherry, designated Senator Bishop as Chairperson.

After some time spent therein, the Committee arose; and, the President, Lieutenant Governor Cherry, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No.1094, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2007; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

Substitute (S-1).

The following are the amendments to the substitute recommended by the Committee of the Whole:

1. Amend page 11, following line 15, by inserting:

"Petoskey breakwall 400,000".

2. Amend page 12, line 2, by striking out "13,861,100" and inserting "14,261,100" and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 31, following line 1, by inserting:

"Sec. 709. Subject to the provisions of this section, the funds appropriated in part 1 for the Petoskey breakwall shall be expended to repair the breakwall under the jurisdiction of the United States army corps of engineers. This funding shall not be expended unless the department has entered into an agreement with the United States army corps of engineers or other appropriate federal agency in which the United States army corps of engineers or other appropriate federal agency agreed to repay the Michigan state waterways fund for its expenditures for this project.".

The Senate agreed to the substitute, as amended, recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator Hammerstrom moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage at the head of the Third Reading of Bills calendar:

Senate Bill No.1094

The motion prevailed, a majority of the members serving voting therefor.

The following bill was read a third time:

Senate Bill No.1094, entitled

The question being on the passage of the bill,

Senator Hammerstrom moved that further consideration of the bill be postponed temporarily.

The motion prevailed.

By unanimous consent the Senate returned to the order of

General Orders

Senator Hammerstrom moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President, Lieutenant Governor Cherry, designated Senator Bishop as Chairperson.

Senate Bill No.1080, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2007; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.

Substitute (S-1).

The following is the amendment to the substitute recommended by the Committee of the Whole:

1. Amend page 25, following line 25, by inserting:

"Sec. 902. It is the intent of the legislature that the racing commissioner authorize not less than 378 days of standardbred racing, 118 days of thoroughbred racing, and 36 days of mixed breed racing.".

The Senate agreed to the substitute, as amended, recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senate Bill No.1080

The motion prevailed, a majority of the members serving voting therefor.

The following bill was read a third time:

Senate Bill No.1080, entitled

The question being on the passage of the bill,

Senator Brater offered the following amendments:

1. Amend page 5, line 5, by striking out "119.8" and inserting "122.8".

2. Amend page 5, line 6, by striking out "13,426,000" and inserting "13,726,000".

3. Amend page 5, line 20, by striking out "4,870,300" and inserting "5,170,300" and adjusting the subtotals, totals, and section 201 accordingly.

The amendments were not adopted, a majority of the members serving not voting therefor.

Senator Schauer requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No.400 Yeas--19

Barcia Clarke Patterson Thomas

Basham Emerson Prusi Toy

Brater Jacobs Schauer Van Woerkom

Cherry Leland Scott Whitmer

Clark-Coleman Olshove Switalski

Nays--17

Allen Cropsey Goschka Kuipers

Birkholz Garcia Hardiman McManus

Bishop George Jelinek Sanborn

Brown Gilbert Johnson Stamas

Cassis

Excused--0

Not Voting--2

Hammerstrom Sikkema

In The Chair: President

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No.401 Yeas--38

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Emerson Kuipers Sikkema

Birkholz Garcia Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman Sanborn Whitmer

Clark-Coleman Jacobs

Nays--0

Excused--0

Not Voting--0

In The Chair: President

Senator Hammerstrom moved that the bill be given immediate effect.

The motion did not prevail, 2/3 of the members serving not voting therefor.

The Senate agreed to the title of the bill.

Senator Hammerstrom moved to reconsider the vote by which the bill was passed.

The question being on the motion to reconsider,

Senator Hammerstrom moved that further consideration of the bill be postponed temporarily.

The motion prevailed.

By unanimous consent the Senate returned to consideration of the following bill:

Senate Bill No.1094, entitled

(This bill was read a third time earlier today and consideration postponed. See p. 1095.)

The question being on the passage of the bill,

Senator Barcia offered the following amendment:

1. Amend page 27, following line 24, by inserting:

"Sec. 504. From the funds appropriated in part 1, the department shall enter into discussions with the province of Ontario to explore bringing 1 or more male wolverines for wild release in Michigan.".

The question being on the adoption of the amendment,

Senator Hammerstrom moved that further consideration of the bill be postponed temporarily.

The motion prevailed.

By unanimous consent the Senate returned to the order of

General Orders

Senator Hammerstrom moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President, Lieutenant Governor Cherry, designated Senator Bishop as Chairperson.

Senate Bill No.1091, entitled

A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 2007; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senate Bill No.1091

The motion prevailed, a majority of the members serving voting therefor.

The following bill was read a third time:

Senate Bill No.1091, entitled

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No.402 Yeas--38

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Emerson Kuipers Sikkema

Birkholz Garcia Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman Sanborn Whitmer

Clark-Coleman Jacobs

Nays--0

Excused--0

Not Voting--0

In The Chair: President

Senator Hammerstrom moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

The Senate agreed to the title of the bill.

Senator Hammerstrom moved to reconsider the vote by which the bill was passed.

The question being on the motion to reconsider,

Senator Hammerstrom moved that further consideration of the bill be postponed temporarily.

The motion prevailed.

By unanimous consent the Senate returned to the order of

General Orders

Senator Hammerstrom moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President, Lieutenant Governor Cherry, designated Senator Bishop as Chairperson.

Senate Bill No.1093, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2007; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senate Bill No.1093

The motion prevailed, a majority of the members serving voting therefor.

The following bill was read a third time:

Senate Bill No.1093, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September30, 2007; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No.403 Yeas--38

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Emerson Kuipers Sikkema

Birkholz Garcia Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman Sanborn Whitmer

Clark-Coleman Jacobs

Nays--0

Excused--0

Not Voting--0

In The Chair: President

Senator Hammerstrom moved that the bill be given immediate effect.

The motion did not prevail, 2/3 of the members serving not voting therefor.

The Senate agreed to the title of the bill.

Senator Hammerstrom moved to reconsider the vote by which the bill was passed.

The question being on the motion to reconsider,

Senator Hammerstrom moved that further consideration of the bill be postponed temporarily.

The motion prevailed.

By unanimous consent the Senate returned to the order of

General Orders

Senator Hammerstrom moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President, Lieutenant Governor Cherry, designated Senator Bishop as Chairperson.

Senate Bill No.1096, entitled

A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 2007; to provide for the expenditure of those appropriations; to provide for certain reports and the consideration of those reports; to provide for the disposition of other income received by the various state agencies; to provide for certain emergency powers; and to provide for the powers and duties of certain committees, certain state agencies, and certain employees.

Substitute (S-1).

The following is the amendment to the substitute recommended by the Committee of the Whole:

1. Amend page 22, following line 19, by inserting:

"(5) This section shall not apply to transportation that is related to law enforcement or homeland security activities.".

The Senate agreed to the substitute, as amended, recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senate Bill No.1096

The motion prevailed, a majority of the members serving voting therefor.

The following bill was read a third time:

Senate Bill No.1096, entitled

The question being on the passage of the bill,

Senator Clarke offered the following amendment:

1. Amend page 23, following line 5, by inserting:

"Sec. 230. From the unexpended and unencumbered balance of the appropriation for the department contained in 2005 PA 159, over and above that which is necessary to fulfill the objectives of section 229, shall be used toward the establishment of a trooper school. The funds shall be available for appropriation in the fiscal year ending September30, 2007.".

The amendment was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No.404 Yeas--38

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Emerson Kuipers Sikkema

Birkholz Garcia Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman Sanborn Whitmer

Clark-Coleman Jacobs

Nays--0

Excused--0

Not Voting--0

In The Chair: President

Senator Hammerstrom moved that the bill be given immediate effect.

The motion did not prevail, 2/3 of the members serving not voting therefor.

The Senate agreed to the title of the bill.

Senator Hammerstrom moved to reconsider the vote by which the bill was passed.

The question being on the motion to reconsider,

Senator Hammerstrom moved that further consideration of the bill be postponed temporarily.

The motion prevailed.

By unanimous consent the Senate returned to the order of

General Orders

Senator Hammerstrom moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President, Lieutenant Governor Cherry, designated Senator Bishop as Chairperson.

Senate Bill No.1097, entitled

A bill to make appropriations for the state transportation department and certain transportation purposes for the fiscal year ending September 30, 2007; to provide for the imposition of fees; to provide for reports; to create certain funds and programs; to prescribe requirements for certain railroad and bus facilities; to prescribe certain powers and duties of certain state departments and officials and local units of government; and to provide for the expenditure of the appropriations.

Substitute (S-1).

The following is the amendment to the substitute recommended by the Committee of the Whole:

1. Amend page 30, following line 15, by inserting:

"Sec. 384. From the funds appropriated in part 1, the department shall not use any funds to support the Detroit River international crossing study or to implement any recommendations made from such study.".

The Senate agreed to the substitute, as amended, recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senate Bill No.1097

The motion prevailed, a majority of the members serving voting therefor.

The following bill was read a third time:

Senate Bill No.1097, entitled

The question being on the passage of the bill,

Senator Prusi offered the following amendments:

1. Amend page 14, line 1, after "benefits--" by striking out "30.0" and inserting "38.0".

2. Amend page 14, line 1, by striking out "2,932,700" and inserting "3,827,700".

3. Amend page 14, line 10, by striking out "4,554,300" and inserting "5,449,300".

4. Amend page 14, line 27, by striking out "2,300,000" and inserting "2,800,000".

5. Amend page 15, line 1, by striking out "7,200,000" and inserting "8,200,000".

6. Amend page 15, line 2, by striking out "4,892,900" and inserting "5,192,900".

7. Amend page 15, line 3, by striking out "1,000,000" and inserting "1,100,000".

8. Amend page 15, line 6, by striking out "1,651,300" and inserting "1,751,300".

9. Amend page 15, line 15, by striking out "16,144,200" and inserting "18,144,200".

10. Amend page 15, line 22, by striking out "58,971,500" and inserting "64,726,500".

11. Amend page 15, line 24, by striking out "850,000" and inserting "1,200,000".

12. Amend page 15, line 25, by striking out "13,844,000" and inserting "14,844,000".

13. Amend page 16, line 5, by striking out "31,610,600" and inserting "38,715,600" and adjusting the subtotals, totals, and section 201 accordingly.

14. Amend page 43, line 13, after "limited" by striking out the balance of the subsection and inserting "to 50% of the portion of the cost not eligible for reimbursement by the federal government and shall not exceed $7,100,000.00.".

The amendments were not adopted, a majority of the members serving not voting therefor.

Senator Schauer requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No.405 Yeas--18

Barcia Clarke Leland Scott

Basham Emerson Olshove Switalski

Brater George Prusi Thomas

Cherry Hardiman Schauer Whitmer

Clark-Coleman Jacobs

Nays--20

Allen Cropsey Jelinek Sanborn

Birkholz Garcia Johnson Sikkema

Bishop Gilbert Kuipers Stamas

Brown Goschka McManus Toy

Cassis Hammerstrom Patterson Van Woerkom

Excused--0

Not Voting--0

In The Chair: President

Senator Prusi offered the following amendments:

1. Amend page 14, line 1, after "benefits--" by striking out "30.0" and inserting "38.0".

2. Amend page 14, line 1, by striking out "2,932,700" and inserting "3,827,700".

3. Amend page 14, line 10, by striking out "4,554,300" and inserting "5,449,300" and adjusting the subtotals, totals, and section 201 accordingly.

The amendments were not adopted, a majority of the members serving not voting therefor.

Senator Prusi offered the following amendments:

1. Amend page 15, line 22, by striking out "58,971,500" and inserting "64,726,500".

2. Amend page 16, line 5, by striking out "31,610,600" and inserting "37,365,600" and adjusting the subtotals, totals, and section 201 accordingly.

The amendments were not adopted, a majority of the members serving not voting therefor.

Senator Schauer requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No.406 Yeas--18

Barcia Clarke Patterson Switalski

Basham Emerson Prusi Thomas

Brater Jacobs Schauer Toy

Cherry Leland Scott Whitmer

Clark-Coleman Olshove

Nays--20

Allen Cropsey Hammerstrom McManus

Birkholz Garcia Hardiman Sanborn

Bishop George Jelinek Sikkema

Brown Gilbert Johnson Stamas

Cassis Goschka Kuipers Van Woerkom

Excused--0

Not Voting--0

In The Chair: President

Senator Prusi offered the following amendments:

1. Amend page 12, line 20, by striking out "17,966,200" and inserting "18,863,400".

2. Amend page 12, line 26, by striking out "40,829,600" and inserting "41,726,800" and adjusting the subtotals, totals, and section 201 accordingly.

The amendments were not adopted, a majority of the members serving not voting therefor.

Senator Schauer requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No.407 Yeas--16

Barcia Clark-Coleman Leland Scott

Basham Clarke Olshove Switalski

Brater Emerson Prusi Thomas

Cherry Jacobs Schauer Whitmer

Nays--22

Allen Garcia Jelinek Sanborn

Birkholz George Johnson Sikkema

Bishop Gilbert Kuipers Stamas

Brown Goschka McManus Toy

Cassis Hammerstrom Patterson Van Woerkom

Cropsey Hardiman

Excused--0

Not Voting--0

In The Chair: President

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No.408 Yeas--38

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Emerson Kuipers Sikkema

Birkholz Garcia Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman Sanborn Whitmer

Clark-Coleman Jacobs

Nays--0

Excused--0

Not Voting--0

In The Chair: President

Senator Hammerstrom moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

The Senate agreed to the title of the bill.

Senator Hammerstrom moved to reconsider the vote by which the bill was passed.

The question being on the motion to reconsider,

Senator Hammerstrom moved that further consideration of the bill be postponed temporarily.

The motion prevailed.

By unanimous consent the Senate returned to the order of

General Orders

Senator Hammerstrom moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President, Lieutenant Governor Cherry, designated Senator Bishop as Chairperson.

Senate Bill No.1089, entitled

A bill to make appropriations for the department of history, arts and libraries for the fiscal year ending September30, 2007; to provide for the expenditure of those appropriations; to provide for the disposition of fees and other income received by the state agencies; to create funds; to provide for the disbursement of certain grants; to provide for reports; to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

Substitute (S-1).

The following is the amendment to the substitute recommended by the Committee of the Whole:

1. Amend page 21, following line 11, by inserting:

"Sec. 510. The department shall reimburse the Michigan strategic fund in full for the cost of all services or activities provided by the Michigan strategic fund at the request of the department.".

The Senate agreed to the substitute, as amended, recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senate Bill No.1089

The motion prevailed, a majority of the members serving voting therefor.

The following bill was read a third time:

Senate Bill No.1089, entitled

A bill to make appropriations for the department of history, arts, and libraries for the fiscal year ending September30, 2007; to provide for the expenditure of those appropriations; to provide for the disposition of fees and other income received by the state agencies; to create funds; to provide for the disbursement of certain grants; to provide for reports; to prescribe powers and duties of certain state departments and certain state and local agencies and officers; and to repeal acts and parts of acts.

The question being on the passage of the bill,

Senator Clarke offered the following amendments:

1. Amend page 2, line 23, following "services--" by striking out "29.0" and inserting "30.0".

2. Amend page 2, line 26, by striking out all of line 26.

3. Amend page 3, line 1, by striking out "5,698,100" and inserting "5,523,100".

4. Amend page 3, line 4, by striking out "5,698,100" and inserting "5,523,100".

5. Amend page 5, line 15, by striking out "11,634,300" and inserting "11,809,300".

6. Amend page 5, line 17, by striking out "24,732,400" and inserting "24,907,400".

7. Amend page 5, line 24, by striking out "19,013,100" and inserting "19,188,100" and adjusting the subtotals, totals, and section 201 accordingly.

The amendments were not adopted, a majority of the members serving not voting therefor.

Senator Schauer requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No.409 Yeas--17

Barcia Clarke Olshove Scott

Basham Emerson Patterson Switalski

Brater Jacobs Prusi Thomas

Cherry Leland Schauer Whitmer

Clark-Coleman

Nays--21

Allen Garcia Hardiman Sanborn

Birkholz George Jelinek Sikkema

Bishop Gilbert Johnson Stamas

Brown Goschka Kuipers Toy

Cassis Hammerstrom McManus Van Woerkom

Cropsey

Excused--0

Not Voting--0

In The Chair: President

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No.410 Yeas--38

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Emerson Kuipers Sikkema

Birkholz Garcia Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman Sanborn Whitmer

Clark-Coleman Jacobs

Nays--0

Excused--0

Not Voting--0

In The Chair: President

Senator Hammerstrom moved that the bill be given immediate effect.

The motion did not prevail, 2/3 of the members serving not voting therefor.

The Senate agreed to the title of the bill.

Senator Hammerstrom moved to reconsider the vote by which the bill was passed.

The question being on the motion to reconsider,

Senator Hammerstrom moved that further consideration of the bill be postponed temporarily.

The motion prevailed.

By unanimous consent the Senate returned to the order of

General Orders

Senator Hammerstrom moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President, Lieutenant Governor Cherry, designated Senator Bishop as Chairperson.

Senate Bill No.1090, entitled

A bill to make appropriations for the department of human services and certain state purposes related to public welfare services for the fiscal year ending September 30, 2007; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers.

Substitute (S-1).

The following are the amendments to the substitute recommended by the Committee of the Whole:

1. Amend page 6, line 15, after "positions" by striking out "552,600" and inserting "552,700".

2. Amend page 7, line 1, after "fund" by striking out "3,326,900" and inserting "3,327,000" and adjusting the subtotals, totals, and section 201 accordingly.

The Senate agreed to the substitute, as amended, recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senate Bill No.1090

The motion prevailed, a majority of the members serving voting therefor.

The following bill was read a third time:

Senate Bill No.1090, entitled

The question being on the passage of the bill,

Senator Cherry offered the following amendment:

1. Amend page 79, following line 3, by inserting:

"Sec. 683. From the money appropriated in part 1 for day care services, the department shall reimburse group home providers for services to eligible TANF recipient families that have a member who, specifically as part of his or her TANF plan work participation requirements, is employed during an afternoon or night shift. The availability of day care services for these families shall not be inhibited by a department restriction on the number of reimbursable hours a group home provider can be paid in a biweekly pay period, specifically for the TANF eligible families who have difficulty obtaining day care services because a member is employed during hours when day care centers are not normally open.".

The amendment was not adopted, a majority of the members serving not voting therefor.

Senators Toy, Patterson and Scott offered the following amendment:

1. Amend page 55, following line 26, by inserting:

"Sec. 562. From the funds appropriated in part 1 for federally funded family preservation programs, the department shall allocate not less than $2,000,000.00 to Wayne County to provide home-based programs as part of the county expansion of community-based services to serve the county's adjudicated delinquent youth.".

The amendment was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No.411 Yeas--38

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Emerson Kuipers Sikkema

Birkholz Garcia Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman Sanborn Whitmer

Clark-Coleman Jacobs

Nays--0

Excused--0

Not Voting--0

In The Chair: President

Senator Hammerstrom moved that the bill be given immediate effect.

The motion did not prevail, 2/3 of the members serving not voting therefor.

The Senate agreed to the title of the bill.

Senator Hammerstrom moved to reconsider the vote by which the bill was passed.

The question being on the motion to reconsider,

Senator Hammerstrom moved that further consideration of the bill be postponed temporarily.

The motion prevailed.

By unanimous consent the Senate returned to consideration of the following bill:

Senate Bill No.1094, entitled

(This bill was announced earlier today, amendment offered and consideration postponed. See p. 1098.)

The question being on the adoption of the amendment offered by Senator Barcia,

Senator Barcia withdrew the amendment.

Senators Prusi and McManus offered the following amendment:

1. Amend page 32, following line 12, by inserting:

"Sec. 806. Of the funds appropriated in part 1, the department shall, subject to the forest certification process, prescribe appropriate treatment on not less than 63,000 acres at the current average rate of 12.5 to 13 cords per acre, and put those cords up for sale in 2007, provided that the department shall take into consideration the impact of timber harvesting on wildlife habitat and recreation uses. The department shall, subject to the forest certification process, increase marking or treatment of hardwood timber for sale and harvest by 10% over 2006 levels. In addition, the department shall take into consideration silvicultural analysis and report annually to the legislature on plans and efforts to address factors limiting management of timber. The department shall provide quarterly reports on the number of acres treated, pursuant to this section, to the senate and house appropriation subcommittees on natural resources and the standing committees of the senate and house of representatives with primary responsibility for natural resources issues.".

The amendment was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No.412 Yeas--38

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Emerson Kuipers Sikkema

Birkholz Garcia Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman Sanborn Whitmer

Clark-Coleman Jacobs

Nays--0

Excused--0

Not Voting--0

In The Chair: President

Senator Hammerstrom moved that the bill be given immediate effect.

The motion did not prevail, 2/3 of the members serving not voting therefor.

The Senate agreed to the title of the bill.

Senator Hammerstrom moved to reconsider the vote by which the bill was passed.

The question being on the motion to reconsider,

Senator Hammerstrom moved that further consideration of the bill be postponed temporarily.

The motion prevailed.

By unanimous consent the Senate returned to the order of

General Orders

Senator Hammerstrom moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President, Lieutenant Governor Cherry, designated Senator Bishop as Chairperson.

Senate Bill No.1087, entitled

A bill to make, supplement, and adjust appropriations for the departments of attorney general, civil rights, civil service, information technology, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 2007; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to transfer certain funds; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.

Substitute (S-1).

The following is the amendment to the substitute recommended by the Committee of the Whole:

1. Amend page 81, following line 19, by inserting:

"Sec. 821. From the funds appropriated in part 1, the department of state shall complete a cost/benefit analysis regarding the feasibility of locating the Keweenaw County secretary of state branch office with the Keweenaw County department of human services office. The analysis shall include, but not be limited to, lease costs, building occupancy costs, property management costs, utilities, parking, distance between branch offices and issues related to the overall convenience for the citizens of Michigan. No later than December 1, 2006, the analysis shall be delivered to the members of the senate and house standing committees on appropriations subcommittees on general government and the house and senate fiscal agencies.".

The Senate agreed to the substitute, as amended, recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senate Bill No.1087

The motion prevailed, a majority of the members serving voting therefor.

The following bill was read a third time:

Senate Bill No.1087, entitled

The question being on the passage of the bill,

Senator Switalski offered the following amendments:

1. Amend page 33, line 24, by striking out "8,098,000" and inserting "9,798,000".

2. Amend page 33, line 25, by striking out "79,079,800" and inserting "80,779,800".

3. Amend page 34, line 9, by striking out "29,609,200" and inserting "31,309,200" and adjusting the subtotals, totals, and section 201 accordingly.

4. Amend page 103, line 12, after "to" by striking out "$5,398,600.00" and inserting "$6,530,800.00".

5. Amend page 103, line 13, after "to" by striking out "$2,699,400.00" and inserting "$3,267,200.00".

The amendments were not adopted, a majority of the members serving not voting therefor.

Senator Schauer requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No.413 Yeas--16

Barcia Clark-Coleman Leland Scott

Basham Clarke Olshove Switalski

Brater Emerson Prusi Thomas

Cherry Jacobs Schauer Whitmer

Nays--22

Allen Garcia Jelinek Sanborn

Birkholz George Johnson Sikkema

Bishop Gilbert Kuipers Stamas

Brown Goschka McManus Toy

Cassis Hammerstrom Patterson Van Woerkom

Cropsey Hardiman

Excused--0

Not Voting--0

In The Chair: President

Senator Schauer offered the following amendments:

1. Amend page 33, line 20, by striking out "130.0" and inserting "135.0".

2. Amend page 33, line 20, by striking out "17,496,000" and inserting "17,996,000".

3. Amend page 34, line 9, by striking out "29,609,200" and inserting "30,109,200" and adjusting the subtotals, totals, and section 201 accordingly.

The amendments were not adopted, a majority of the members serving not voting therefor.

Senator Schauer requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No.414 Yeas--17

Barcia Clarke Olshove Switalski

Basham Emerson Prusi Thomas

Brater Jacobs Schauer Toy

Cherry Leland Scott Whitmer

Clark-Coleman

Nays--21

Allen Garcia Hardiman Patterson

Birkholz George Jelinek Sanborn

Bishop Gilbert Johnson Sikkema

Brown Goschka Kuipers Stamas

Cassis Hammerstrom McManus Van Woerkom

Cropsey

Excused--0

Not Voting--0

In The Chair: President

Senator Cherry offered the following amendments:

1. Amend page 32, line 23, by striking out "845,500" and inserting "892,400".

2. Amend page 33, line 1, by striking out "1,057,500" and inserting "1,104,400" and adjusting the subtotals, totals, and section 201 accordingly.

The amendments were adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No.415 Yeas--38

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Emerson Kuipers Sikkema

Birkholz Garcia Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman Sanborn Whitmer

Clark-Coleman Jacobs

Nays--0

Excused--0

Not Voting--0

In The Chair: President

Senator Hammerstrom moved that the bill be given immediate effect.

The motion did not prevail, 2/3 of the members serving not voting therefor.

The Senate agreed to the title of the bill.

Senator Hammerstrom moved to reconsider the vote by which the bill was passed.

The question being on the motion to reconsider,

Senator Hammerstrom moved that further consideration of the bill be postponed temporarily.

The motion prevailed.

By unanimous consent the Senate returned to the order of

General Orders

Senator Hammerstrom moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President, Lieutenant Governor Cherry, designated Senator Bishop as Chairperson.

Senate Bill No.1092, entitled

A bill to make appropriations for the department of labor and economic growth, and certain other state purposes for the fiscal year ending September 30, 2007; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senate Bill No.1092

The motion prevailed, a majority of the members serving voting therefor.

The following bill was read a third time:

Senate Bill No.1092, entitled

A bill to make appropriations for the department of labor and economic growth and certain other state purposes for the fiscal year ending September 30, 2007; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No.416 Yeas--38

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Emerson Kuipers Sikkema

Birkholz Garcia Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman Sanborn Whitmer

Clark-Coleman Jacobs

Nays--0

Excused--0

Not Voting--0

In The Chair: President

Senator Hammerstrom moved that the bill be given immediate effect.

The motion did not prevail, 2/3 of the members serving not voting therefor.

The Senate agreed to the title of the bill.

Senator Hammerstrom moved to reconsider the vote by which the bill was passed.

The question being on the motion to reconsider,

Senator Hammerstrom moved that further consideration of the bill be postponed temporarily.

The motion prevailed.

By unanimous consent the Senate returned to the order of

General Orders

Senator Hammerstrom moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President, Lieutenant Governor Cherry, designated Senator Bishop as Chairperson.

House Bill No.5354, entitled

A bill to authorize the state administrative board to convey certain state owned property in Ingham county; to prescribe conditions for the conveyance; to provide for certain powers and duties of certain state departments in regard to the conveyance; to provide for disposition of revenue derived from the conveyance; and to create certain funds and provide for the disposition of money from those funds.

Substitute (S-1).

The following are the amendments to the substitute recommended by the Committee of the Whole:

1. Amend page 5, line 7, after "the" by striking out the balance of the line through "estate" on line 8 and inserting "LHC non-profit".

2. Amend page 5, line 12, after the second "the" by striking out the balance of the line through "estate" on line 13 and inserting "LHC non-profit".

3. Amend page 5, line 19, by striking out "Lansing housing commission non-profit real estate" and inserting "LHC non-profit".

4. Amend page 7, line 24, after "(b)" by striking out the balance of the line through "less," on line 25 and inserting "The balance of the net revenue".

5. Amend page 8, line 2, by striking out all of subdivision (c).

The Senate agreed to the substitute, as amended, recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

House Bill No.5354

The motion prevailed, a majority of the members serving voting therefor.

The following bill was read a third time:

House Bill No.5354, entitled

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No.417 Yeas--37

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Garcia Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Patterson Toy

Cassis Hardiman Prusi Van Woerkom

Cherry Jacobs Sanborn Whitmer

Clark-Coleman

Nays--0

Excused--0

Not Voting--1

Emerson

In The Chair: President

Senator Hammerstrom moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

The Senate agreed to the title of the bill.

By unanimous consent the Senate returned to consideration of the following bill:

Senate Bill No.1094, entitled

(This bill was passed earlier today and the motion to reconsider the vote postponed. See p. 1110.)

The question being on the motion to reconsider the vote by which the bill was passed,

Senator Hammerstrom withdrew the motion.

By unanimous consent the Senate returned to consideration of the following bill:

Senate Bill No.1080, entitled

(This bill was passed earlier today and the motion to reconsider the vote postponed. See p. 1096.)

The question being on the motion to reconsider the vote by which the bill was passed,

Senator Hammerstrom withdrew the motion.

By unanimous consent the Senate returned to consideration of the following bill:

Senate Bill No.1091, entitled

(This bill was passed earlier today and the motion to reconsider the vote postponed. See p. 1098.)

The question being on the motion to reconsider the vote by which the bill was passed,

Senator Hammerstrom withdrew the motion.

By unanimous consent the Senate returned to consideration of the following bill:

Senate Bill No.1093, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September30, 2007; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.

(This bill was passed earlier today and the motion to reconsider the vote postponed. See p. 1100.)

The question being on the motion to reconsider the vote by which the bill was passed,

Senator Hammerstrom withdrew the motion.

By unanimous consent the Senate returned to consideration of the following bill:

Senate Bill No.1096, entitled

(This bill was passed earlier today and the motion to reconsider the vote postponed. See p. 1101.)

The question being on the motion to reconsider the vote by which the bill was passed,

Senator Hammerstrom withdrew the motion.

By unanimous consent the Senate returned to consideration of the following bill:

Senate Bill No.1097, entitled

(This bill was passed earlier today and the motion to reconsider the vote postponed. See p. 1103.)

The question being on the motion to reconsider the vote by which the bill was passed,

Senator Hammerstrom withdrew the motion.

By unanimous consent the Senate returned to consideration of the following bill:

Senate Bill No.1089, entitled

(This bill was passed earlier today and the motion to reconsider the vote postponed. See p. 1106.)

The question being on the motion to reconsider the vote by which the bill was passed,

Senator Hammerstrom withdrew the motion.

By unanimous consent the Senate returned to consideration of the following bill:

Senate Bill No.1090, entitled

(This bill was passed earlier today and the motion to reconsider the vote postponed. See p. 1108.)

The question being on the motion to reconsider the vote by which the bill was passed,

Senator Hammerstrom withdrew the motion.

By unanimous consent the Senate returned to consideration of the following bill:

Senate Bill No.1087, entitled

(This bill was passed earlier today and the motion to reconsider the vote postponed. See p. 1111.)

The question being on the motion to reconsider the vote by which the bill was passed,

Senator Hammerstrom withdrew the motion.

By unanimous consent the Senate returned to consideration of the following bill:

Senate Bill No.1092, entitled

(This bill was passed earlier today and the motion to reconsider the vote postponed. See p. 1114.)

The question being on the motion to reconsider the vote by which the bill was passed,

Senator Hammerstrom withdrew the motion.

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senators Van Woerkom, Sanborn, Toy, Patterson, Cropsey, Stamas and Gilbert introduced

Senate Bill No.1281, entitled

A bill to amend 1970 PA 91, entitled "Child custody act of 1970," by amending section 3 (MCL 722.23), as amended by 1993 PA 259.

The bill was read a first and second time by title and referred to the Committee on Families and Human Services.

Senator Gilbert introduced

Senate Bill No.1282, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2003 PA 311.

The bill was read a first and second time by title and referred to the Committee on Judiciary.

House Bill No.5217, entitled

The House of Representatives has passed the bill.

The bill was read a first and second time by title and referred to the Committee on Judiciary.

House Bill No.5529, entitled

A bill to amend 1951 PA 33, entitled "An act to provide police and fire protection for townships and for certain areas in townships, certain incorporated villages, and certain cities; to authorize contracting for fire and police protection; to authorize the purchase of fire and police equipment, and the maintenance and operation of the equipment; to provide for defraying the cost of the equipment; to authorize the creation of special assessment districts and the levying and collecting of special assessments; to authorize the issuance of special assessment bonds in anticipation of the collection of special assessments and the advancement of the amount necessary to pay such bonds, and to provide for reimbursement for such advances by reassessment if necessary; to authorize the collection of fees for certain emergency services in townships and other municipalities; to authorize the creation of administrative boards and to prescribe their powers and duties; to provide for the appointment of traffic officers and to prescribe their powers and duties; and to repeal acts and parts of acts," by amending section 11 (MCL 41.811), as amended by 2004 PA 464.

The House of Representatives has passed the bill.

The bill was read a first and second time by title and referred to the Committee on Local, Urban and State Affairs.

Statements

Senator Birkholz stated that had she been present on May 10 when the votes were taken on concurring in the House substitutes and amendment to the following bills, she would have voted "yea":

Senate Bill No.709

Senate Bill No.717

Senate Bill No.718

Senate Bill No.1122

Senate Bill No.1132

Senate Bill No.1192

Senator Birkholz stated that had she been present on May 10 when the votes were taken on the passage of the following bills, she would have voted "yea":

Senate Bill No.837

Senate Bill No.1226

Senate Bill No.1234

House Bill No.5144

House Bill No.5554

Senate Bill No.1128

Senate Bill No.1004

House Bill No.5313

House Bill No.5045

House Bill No.5421

House Bill No.5422

House Bill No.5531

House Bill No.5532

House Bill No.6003

House Bill No.4108

Senators Scott, Basham and Allen asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Scott's statement is as follows:

I have a task force called Make Insurance Affordable and Accessible that's in committee. There's one of my e-mailers who has written, "I'm very anxious to hear about the MIAA Task Force results. I have two daughters, a 19-year-old and an 18-year-old, who are unable to get their driver's license because my car insurance would increase by $6,000. I'm not driving a Lincoln either. It's a 2005 Vue."

Senator Basham's statement is as follows:

I just would like to read a little article I'd seen in Reuters, "Anti-smoking activist dies of lung cancer." This is in the Toronto paper. "'A Canadian anti-smoking campaigner who contracted lung cancer from second-hand smoke after years as a waitress has died,' Ontario's Heart and Stroke Foundation said Tuesday. Heather Crowe was 61 years of age and became a public icon after winning a landmark 2002 labor compensation case by arguing that she contracted the disease from inhaling second-hand smoke during her 40-year career as a waitress. An ardent nonsmoker, she appeared in national television advertisements and inspired a government-sponsored award in her name. In one ad, Crowe declared people shouldn't have to go to work to die. Her death came only days before new legislation in the provinces of Ontario and Quebec was to come into effect banning smoking in enclosed public areas and work places and further restricting thepromotion and sale of tobacco products. Supporters of Crowe want her to remain the public base of anti-smoking. Ontario's Heart and Stroke Foundation CEO Rocco Rossi is campaigning to have May 31, the day the provinces' anti-smoking legislation in enacted, be declared Heather Crowe Day. Total sales of cigarettes in Canada have decreased over the past year by 2.5 percent according to an April government's stats poll."

Senator Allen's statement is as follows:

"LET IT BE KNOWN, That it is with our deepest respect that we offer the highest tribute as a memorial for the life of Sergeant Spencer Akers. He made the ultimate sacrifice on our behalf and this loss has saddened all who had the good fortune of knowing this selfless and courageous young man. On behalf of the Michigan Legislature, the citizens of Michigan, and the United States of America, we extend our deepest condolences and respect to the family and friends of Sgt. Akers. This brave soldier, devoted son and brother answered our country's call and gave his life for the freedom that we all cherish and enjoy. He will genuinely be missed and fondly remembered.

Spencer Akers was born to Donald and Carole Akers on March 6, 1970, was raised in Tustin and graduated from Pine River High School in 1988. Sgt. Akers loved most sports, enjoyed working on the computer and continually perfecting his hunting and shooting skills. Furthermore, he was an avid soldier from a very young age. Upon his graduation from Pine River, he began a life of military service when he joined the United States Army. Early in his career, he fought in Operation Desert Storm and participated in the post-war duties following the Iraqi's forceful removal from Kuwait. After completing his tour of duty in the Persian Gulf, Spencer underwent additional training to achieve the rank of sergeant and then moved to Traverse City.

Following the September 11, 2001 terrorist attacks, Sgt. Akers was again compelled to serve his country, went back to active duty and was assigned security detail at the Detroit-Windsor Tunnel. He was then drawn towards fighting in Iraq after hearing and being inspired by President George Bush's speech in August of 2004 in Traverse City. After months of research to find a unit that would place him on the front lines, he realized that he was a perfect match for our Army National Guard, 125th Infantry Regiment, to which he was assigned in support of Operation Iraqi Freedom. Never one to shirk his duty, Sgt. Akers was respected and loved by his fellow soldiers in his unit because of his competence and strong work ethic. Sadly, his life was cut short and wounds were received when his Humvee struck an improvised explosive device while fighting in Habbaniyah, Iraq.

Those familiar with history know that it is not the generals who win the battles; it is the privates, sergeants, and junior officers who are ultimately at the point of the spear. They supply the blood, sweat, and tears that ultimately lead to victory. While no words, flags, or tributes can ease the pain felt by the tremendous and tragic loss, we know that heroes come from all walks of life and that Spencer gave his life as a true patriot.

IN SPECIAL TRIBUTE, Therefore, we offer our highest praise in remembrance of Sergeant Spencer Clark Akers. May his family accept this tribute as a symbol of the high regard in which his memory is held by the people of the state of Michigan and a grateful nation."

A moment of silence was observed in memory of Army Sergeant Spencer Akers.

Committee Reports

The Committee on Appropriations reported

Senate Bill No.1080, entitled

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Shirley Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, Stamas, Brown, Goschka, Garcia, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Scott, Cherry, Clarke and Switalski

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

The Committee on Appropriations reported

Senate Bill No.1091, entitled

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Shirley Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, Stamas, Brown, Goschka, Garcia, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Scott, Cherry, Clarke and Switalski

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

The Committee on Appropriations reported

Senate Bill No.1093, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September30, 2007; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Shirley Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, Stamas, Brown, Goschka, Garcia, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Scott, Cherry, Clarke and Switalski

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

The Committee on Appropriations reported

Senate Bill No.1096, entitled

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Shirley Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, Stamas, Brown, Goschka, Garcia, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Scott, Cherry, Clarke and Switalski

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

The Committee on Appropriations reported

Senate Bill No.1097, entitled

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Shirley Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, Stamas, Brown, Goschka, Garcia, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Scott, Cherry, Clarke and Switalski

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

The Committee on Appropriations reported

Senate Bill No.1089, entitled

A bill to make appropriations for the department of history, arts and libraries for the fiscal year ending September 30, 2007; to provide for the expenditure of those appropriations; to provide for the disposition of fees and other income received by the state agencies; to create funds; to provide for the disbursement of certain grants; to provide for reports; to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Shirley Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, Stamas, Brown, Goschka, Garcia, Cropsey, Jelinek, McManus, George, Barcia, Cherry and Switalski

Nays: Senator Clarke

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

The Committee on Appropriations reported

Senate Bill No.1090, entitled

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Shirley Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, Stamas, Brown, Goschka, Garcia, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Scott, Cherry, Clarke and Switalski

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

The Committee on Appropriations reported

Senate Bill No.1087, entitled

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Shirley Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, Stamas, Brown, Goschka, Garcia, Cropsey, Jelinek, McManus, George, Prusi, Barcia, Scott, Cherry, Clarke and Switalski

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

The Committee on Appropriations reported

Senate Bill No.1092, entitled

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Shirley Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, Stamas, Brown, Goschka, Garcia, Cropsey, Jelinek, McManus, George, Prusi, Barcia, Scott, Cherry, Clarke and Switalski

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Appropriations submitted the following:

Meeting held on Tuesday, May 23, 2006, at 2:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Johnson (C), Stamas, Brown, Goschka, Garcia, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Scott, Cherry, Clarke and Switalski

COMMITTEE ATTENDANCE REPORT

The Committee on Government Operations submitted the following:

Meeting held on Tuesday, May 23, 2006, at 1:05p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Sikkema (C), Hammerstrom, Allen, Cassis, Emerson, Jacobs and Thomas

COMMITTEE ATTENDANCE REPORT

The Committee on Commerce and Labor submitted the following:

Meeting held on Tuesday, May 23, 2006, at 3:00p.m., Room 100, Farnum Building

Present: Senators Allen (C), Toy, Schauer and Olshove

Excused: Senator McManus

COMMITTEE ATTENDANCE REPORT

The Committee on Natural Resources and Environmental Affairs submitted the following:

Meeting held on Tuesday, May 23, 2006, at 3:00p.m., Room 110, Farnum Building

Present: Senators Birkholz (C), Patterson, Van Woerkom, Brater and Basham

Scheduled Meetings

21st Century Jobs Funds Joint Select Oversight Committee (SCR 38) - Thursday, May 25, 1:30p.m., Room 519, South Tower, House Office Building (373-2420)

Banking and Financial Institutions - Thursday, May 25, 12:00 noon, Room 100, Farnum Building (373-2417)

Education - Thursday, May 25, 2:00p.m., Room 210, Farnum Building (373-6920)

Local, Urban and State Affairs - Thursday, June 8, 1:00p.m., Room 110, Farnum Building (373-1707)

Natural Resources and Environmental Affairs - Tuesday, May 30, 3:00p.m., Room 110, Farnum Building (373-3447)

Senator Hammerstrom moved that the Senate adjourn.

The motion prevailed, the time being 2:57p.m.

The President, Lieutenant Governor Cherry, declared the Senate adjourned until Thursday, May 25, 2006, at 10:00a.m.

CAROL MOREY VIVENTI

Secretary of the Senate